Hunt v. City of New York — 136 A.D. 935

Majority

p. 935

First Department,

February, 1910.

Isabella Hunt, Appellant, v. The City of New York and Isaac W. Baylis, Respondents.

Headnote

Appeal from a judgment entered on the 2d day of June, 1909, dismissing the complaint at the close of the plaintiff’s Case upon a trial at the Hew York Trial Term. "

The only cause of action which the plaintiff had against the individual defendant was one not alleged in the complaint, and there was no evi

p. 936

dence of negligence against the city. The judgment, therefore, should be affirmed, with costs to each, of the respondents. Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ.' Judgment affirmed, with costs.